Publication:
The Doctrine Of Basic Structure In Malaysia: Between The Protection Of Fundamental Liberties, National Identity, And Islam

Simple item page
dc.contributor.authorHafidz Hakimi Haronen_US
dc.date.accessioned2024-05-30T08:24:12Z
dc.date.available2024-05-30T08:24:12Z
dc.date.issued2021-12-30
dc.descriptionE-Proceedings International Convention on the Basic Structure of Constitution 2021 (ICOBAC 2021) Theme: "Towards Dignifying Islam in the Framework of Rule of Law & Supremacy of Constitution" 15 – 16 December 2021 Organized By: Fakulti Syariah Dan Undang-Undang, Universiti Sains Islam Malaysia (USIM) And Fakulti Pengajian Industri, Universiti Malaysia Pahang (UMP) Collaboration With: Fakulti Syariah Dan Undang-Undang, Universiti Islam Sultan Shariff Ali (UNISSA), Brunei And Fakultas Hukum, Universitas Jendral Soedirman (UNSOED), Indonesiaen_US
dc.description.abstractPart II of the Federal Constitution represents Malaysia's political and civil rights constitutional safeguards. These safeguards, however, has been amended through time since its inception in 1957. The amendments that have been done to Article 5 to13 and other related provisions such as Article 149, 150 and 159 have brought a mixture of reactions among the masses, where some viewed that such amendments have to be done as the country is growing. In contrast, others regarded it as a threat against preserving the national and constitutional identity. In addition to that, these constitutional amendments often resulted in these safeguards to their detriment. Concerning this, preservation of security, public order, and national identity has frequently been used to justify its alteration. Hence, the doctrine of basic structure has been raised to protect constitutional integrity; even its reception is generally divided and equally contested. The main objective of this paper is to examine the concept of basic structure and its relationship to the protection of fundamental liberties in Malaysia. Furthermore, this paper also explores the dilemma surrounding the country in finding its constitutional identity, which often centres on the conflict between Islam, local demographics, common law heritage, and cultural values. This paper adopts qualitative methodology, where a doctrinal approach is adopted.en_US
dc.identifier.epage328
dc.identifier.isbne-ISBN: 9789670001104
dc.identifier.spage307
dc.identifier.urihttps://fsu.usim.edu.my/proceeding/
dc.identifier.urihttps://oarep.usim.edu.my/handle/123456789/17922
dc.language.isoen_USen_US
dc.publisherPenerbit USIM, Universiti Sains Islam Malaysiaen_US
dc.relation.conferenceE-Proceedings International Convention on the Basic Structure of Constitution 2021 (ICOBAC 2021)en_US
dc.subjectBasic Structure, Fundamental Liberties, Islam, Federal Constitution, Malaysiaen_US
dc.titleThe Doctrine Of Basic Structure In Malaysia: Between The Protection Of Fundamental Liberties, National Identity, And Islamen_US
dc.typeArticleen_US
dspace.entity.typePublication

Files

Original bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
The Doctrine of Basic Structure In Malaysia.pdf
Size:
1000.38 KB
Format:
Adobe Portable Document Format
Download
License bundle
Now showing 1 - 1 of 1
No Thumbnail Available
Name:
license.txt
Size:
1.71 KB
Format:
Plain Text
Description:
Download

Collections

E-Proceedings International Convention on the Basic Structure of Constitution 2021 (ICOBAC 2021)